Fundamental Social Rights At Work In The European Community

Author : Alan C. Neal
Publisher : Routledge
ISBN 13 : 0429857802
Total Pages : 234 pages
Book Rating : 4.05/5 ( download)

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Download or read book Fundamental Social Rights at Work in the European Community written by Alan C. Neal and published by Routledge. This book was released on 2018-12-24 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this volume examines how the challenge of defining and developing an effective structure of fundamental social rights for workers has long been a focus for debate at European level. Even before the emergence of the 1989 Charter of Fundamental Social Rights of Workers, proposals were being made to incorporate 'fundamental rights' provisions into the Treaties establishing the European Communities. Consequently, when a distinguished Comité des Sages produced its 1996 report For a Europe of Civic and Social Rights, the stage was set for intensive debate as to the way forward.

Author : Stefan Clauwaert
Publisher :
ISBN 13 :
Total Pages : 348 pages
Book Rating : 4.04/5 ( download)

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Download or read book Fundamental Social Rights in the European Union written by Stefan Clauwaert and published by . This book was released on 2003 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents extracts from the the Constitutions of the EU member states and candidate countries.

Author : Commission of the European Communities
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.18/5 ( download)

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Download or read book Community Charter of the Fundamental Social Rights of Workers written by Commission of the European Communities and published by . This book was released on 1990 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Filip Dorssemont
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922660
Total Pages : 707 pages
Book Rating : 4.66/5 ( download)

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Download or read book The Charter of Fundamental Rights of the European Union and the Employment Relation written by Filip Dorssemont and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 707 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).

Author : David Natali (OSE)
Publisher : ETUI
ISBN 13 : 2874523747
Total Pages : 298 pages
Book Rating : 4.48/5 ( download)

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Download or read book Social policy in the European Union: state of play 2015 written by David Natali (OSE) and published by ETUI. This book was released on 2015-09-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixteenth edition of Social policy in the European Union: state of play has a triple ambition. First, it provides easily accessible information to a wide audience about recent developments in both EU and domestic social policymaking. Second, the volume provides a more analytical reading, embedding the key developments of the year 2014 in the most recent academic discourses. Third, the forward-looking perspective of the book aims to provide stakeholders and policymakers with specific tools that allow them to discern new opportunities to influence policymaking. In this 2015 edition of Social policy in the European Union: state of play, the authors tackle the topics of the state of EU politics after the parliamentary elections, the socialisation of the European Semester, methods of political protest, the Juncker investment plan, the EU’s contradictory education investment, the EU’s contested influence on national healthcare reforms, and the neoliberal Trojan Horse of the Transatlantic Trade and Investment Partnership (TTIP).

Author : Lenia Samuel
Publisher : Council of Europe
ISBN 13 : 9789287149329
Total Pages : 500 pages
Book Rating : 4.21/5 ( download)

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Download or read book Fundamental Social Rights written by Lenia Samuel and published by Council of Europe. This book was released on 2002-01-01 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reference book shows the real extent of the Charter's provisions and offers an overview of the different national situations in the countries that have ratified the Charter.

Author : Filip Dorssemont
Publisher : A&C Black
ISBN 13 : 1782252118
Total Pages : 769 pages
Book Rating : 4.15/5 ( download)

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Download or read book The European Convention on Human Rights and the Employment Relation written by Filip Dorssemont and published by A&C Black. This book was released on 2014-07-18 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Author : Edoardo Ales
Publisher :
ISBN 13 : 9789050958783
Total Pages : 0 pages
Book Rating : 4.88/5 ( download)

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Download or read book Fundamental Social Rights in Europe written by Edoardo Ales and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a lawyer's view on the meaning of fundamental social rights in today's Europe. It is published on the occasion of the 10th anniversary of the European Working Group (EWL) on labor law, and it reflects the research efforts the members of the EWL have made in its 10 years of existence. The recognition of fundamental social rights offers opportunities for valuing the meaning of such rights for workers. The non-discrimination norm, since it has been long and widely recognized in EU law, is the most striking example. It has served as a catalyst for all Member States. Apart from that, fundamental social rights, as generally recognized by international organizations, are also challenged in EU law. This is not only because the EU law does not explicitly grant protection to workers since some of these rights are not covered by it, but also due to a potential collision between these rights and the fundamental freedoms of the European Community. In this volume, experts in the field of European labor law deal with the opportunities EU law is offering and how it is fitting into the social policy of the EU, as well as with potential threats to an effective application of the fundamental social rights. Some of the contributions refer to the cases of Viking, Laval, and Rüffert as to their impact on the right to collective action, as well as their meaning for the establishment of decent employment conditions, and in particular the right to a decent wage which is one of the oldest fundamental social rights. Another crucial issue that is touched upon is the right to work and the right of protection for workers. The objective that is advocated in the EU, as a cornerstone of modern social policy, is the combination of flexibility and security, in one word "flexicurity," which has been analyzed in terms of contributing to or jeopardizing the position of the employee. It is the supposed dilemma of the protection of the 'haves' at the expense of the 'have nots' or 'insiders versus outsiders.' A third topic is the fundamental right connected to the freedom of association. A problem that has recently raised a lot of discussion and legislative proposals is whether sufficient representativeness of trade unions is required in order to be legitimized for collective bargaining and the conclusion of binding collective agreements. Linked to this is the effective recognition of the right of participation for workers and their representatives at enterprise level: the right to information and consultation, its scope, and its effect.

Author : Lammy Betten
Publisher : Springer
ISBN 13 :
Total Pages : 316 pages
Book Rating : 4.17/5 ( download)

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Download or read book The Protection of Fundamental Social Rights in the European Union written by Lammy Betten and published by Springer. This book was released on 1996-10-25 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a 1996 Colloquium in Amsterdam, representatives of trade unions, UNICE, governments, The European Community Council and Commission, The European Parliament, Permanent Representatives To The European Union (EU) And The Economic and Social Committee discussed the comments and analyses of a number of renowned legal experts on Protection of Fundamental Rights in the EU. The Protection of Fundamental Rights in the European Union presents this expert discourse. The work covers: the aims and objectives of fundamental social rights protection in the EU; the categories of rights to be included; and the method of incorporation of social rights into the legal order of the EU. Its varied format includes a basic discussion paper; comments by legal experts; conclusions; and a number of documents essential For The discussion of social rights issues, including the recent report by the ComitAuml; des Sages on the inclusion of social and civic ri EU's legal order. The total effect of this work is comprehensive coverage of the legal aspects of incorporating fundamental social rights into the legal order of the EU in the context of growing political concern with this issue.

Author : Brian Bercusson
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783832921088
Total Pages : 0 pages
Book Rating : 4.87/5 ( download)

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Download or read book European Labour Law and the EU Charter of Fundamental Rights written by Brian Bercusson and published by Nomos Verlagsgesellschaft. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.